CSX has lost another key ruling in its antitrust lawsuit seeking greater access to a large Virginia port, after a US judge said he had no power to issue an injunction against rival freight rail operators that control tracks.
Chief US District Judge Mark Davis’ ruling in Norfolk, Virginia, on Friday said federal courts were barred from issuing injunctions in private lawsuits against rail “common carriers” — including defendants Norfolk Southern Railway and Norfolk & Portsmouth Belt Line Railroad — that are subject to regulation by the federal Surface Transportation Board.
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“There is no question that CSX is a private party that does not represent the United States,” Davis wrote in his order.
Davis on Jan. 3 in a separate ruling rejected the Jacksonville, Florida-based CSX’s bid for hundreds of millions of dollars in damages.
A CSX spokesperson said on Monday the company would appeal and that it would continue its “efforts to gain competitive access” to Norfolk International Terminals.
